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14rjl" South rMiami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM o TH E CITY OF PLEASANT LIVING o l) To: The Honorable Mayor & Members of the City Commission VIA: FROM: DATE: SUBJECT: Steven Alexander, City Manager Jane K. Tompkins, AICP, Planni~g Director~lY June 7, 2016 Agenda Item No.: J.lJ:. An Ordinance amending the Land Development Code, Article III, "Zoning Regulations," Section 20-3.6, "Supplemental Regulations," to amend and clarify the height limitations on fences, walls, hedges and similar features in residential zoning districts. BACKGROUND: When reviewing the City's physical barrier regulations, Section 20-3.6(H) of the Land Development Code (LDC), it was found that, while the current provisions addre.ss the front setback area of properties that are considered interior lots, clarification was needed when determining the fence height for properties that are considered corner lots. ANALYSIS: In order to properly address the height of fences for properties that are considered to be corner lots, an amendment to Section 20-3.6(H) is being proposed at this time. The sole amendment to the physical barriers section identifies the area where the fence height for corner lots cannot exceed four (4) feet. Previously, the LDC only required that the front setback area of any residential property have a maximum height of four (4) feet. When applied to a corner lot, the portion of the fence that fell within the front setback area was limited to a maximum height of four (4) feet. Any portion of the fence that was outside of the front setback area could have a maximum height of six (6) feet. Depending on the orientation of the residential structure on the property, there may be a line of houses along a block face with uniform fence heights along front property lines that are disrupted upon reaching a corner lot. Section 20-3.6(H}(2)(c) will be amended to read: "In the required front setback area adjacent to a right-of-way, and in the side setback area facing a street for corner lots where the lots on the same block face have front yards, fences, walls, trellises, gates and hedges shall not exceed four (4) feet in height above grade with the following exceptions:" By making the proposed amendment listed above, corner lots will be required to have a maximum height of four (4) feet, causing them to conform to the fence heights of the remainder of the block face, and not be a disruptive design element. Corner lot Fence Height Text Amendment June 7,2016 Page 2 of 2 PLANNING BOARD ACTION: 0 After the public hearing held on the item at the Planning Board's May 10, 2016 meeting, the ... Board recommended approval of PB-16-012 with a vote of 2 to 5. RECOMMENDATION: It is recommended that the City Commission approve the proposed amendment to the Land Deve~~~,m(nt Code. . Attachments'\ • Draft Resolution • Draft Planning Board Meeting Minutes Excerpt, dated May 10, 2016 o lJ 1 Ordinance No. ---------------- 2 An Ordinance amending the Land Development Code, Article III, "Zoning 3 Regulations," Section 20-3.6, "Supplemental Regulations," to amend and clarify 4 the height limitations on fences, walls, hedges and similar features in residential 5 zoning districts. 6 7 WHEREAS, the development of comer lots with respect to which are the front or side streets 8 of the lot are sometimes confusing; and 9 10 WHEREAS, the Land Development Code provides in Section 20-3.6(F)(4) that "In 11 determining which streets are the frontage and side streets, the director of building and zoning shall 12 be guided by the existing development pattem[;]" and 13 14 WHEREAS, there may be a line of houses along a block face with uniform fence heights 15 along front property lines that are disrupted upon reaching a comer lot, which applicable regulations 16 would treat that same portion of the block face as a side setback area and side property line; and 17 18 WHEREAS, it is important for compatibility of urban design that the nonconformity of 19 fences on the side setback areas and side property lines of comer lots be made to conform to the 20 uniformity of height of the remainder of the block face, and not be a disruptive design element; and 21 22 WHEREAS, at the May 10, 2016 public hearing of the Planning Board, the Boards motion 23 to recommend approval of the proposed text amendment failed with a vote of2 to 5; and 24 25 WHEREAS, the City Commission desires to adopt this ordinance to accomplish the above 26 objectives. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. Article III, "Zoning Regulations," Section 20-3.6, "Supplemental Regulations," of the 32 Land Development Code, City of South Miami, Florida, is hereby amended and shall read as follows: 33 20-3.6 -Supplemental regulations. 34 35 (H) 36 37 38 39 40 41 42 * * * Physical Barriers. (1) (2) All fences, walls, trellises and hedges may be erected on or along a property line, but shall not extend into official public rights-of-way or project on or over adjacent properties. Height limit. Residential: (a) of-way. Chain link fences will not be permitted on required yards adjacent to a right- Page 1 1 2 3 4 5 6 7 8 9 10 11 12 (b) In all yards, fences, walls, and trellises (excluding arbors) shall not exceed six (6) feet in height above grade, unless further restricted e)wept as provided in (c) below. (c) In the required front setback area~ adjacent to a right-of-way, and along that portion of a rear setback area that is adjacent to the front yard of an ajoining property, fences, walls, trellises, gates and hedges shall not exceed four (4) feet in height above grade with the following exceptions: * (i) Wooden fences exceeding four (4) feet in height adjacent to a right- of-way in required front setback areas shall provide for a minimum of sixty (60) percent open area for all portions between four (4) and six (6) feet in height above grade. The graphic "Wooden Fence Types" includes an example of both an unacceptable and acceptable prototype. * * 13 Section 2. Codification. The provisions of this ordinance shall become and be made part of the 14 Land Development Code of the City of South Miami as amended. 15 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any 16 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 17 affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. 18 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and 19 parts of sections of ordinances in direct conflict herewith are hereby repealed. 20 Section 5. Effective Date. This ordinance shall become effective upon enactment. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 PASSED AND ENACTED this __ day of _____ , 20_ ATTEST: CITY CLERK 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Page 2 o o u CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Wednesday, May 10, 2016 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj $500.00 and an additional $100 for each additional issue. This applies persons who are ofetained with or without compensation to influence any action, decision, recomme meone with the city, including the city manager, city attorney, department heads, city personnel, or of the city commission or members oj any city board, concerning a matter that could foreseeably be city commission or a city board. There are some exceptions and exemptions. The following are n be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present ., information at public meetings, representatives of a neighborhood association witho.. . ... .. tatives of a not-for-profit community based organization for the purpose of. .. ' .... :, . influence without speciaJ compensation. Individuals who wish to view or liste meeting can be found on the city's we <>n{,.,<>r'c:'ons of the I. Call to Order II. Roll Call City Staff Director), Mr. Attorney). City Attorney: Mr. Thomas Pepe III. Administrative Matters (Chairman), Ms. Fischer (Vice- . Kamali (Deputy City Manager), Mrs. Jane Tompkins (Planning ior Planner/Zoning Administrator), and Gary M. Held (Land Use Ms. Kamali introduced the Board to Jane Tompkins, the new planning director for the city. Mrs. Tompkins then gave a brief presentation on her qualifications. 1 Ms. Kamali informed the Board that the applicant for PB-16-00S has requested to pull their item and to have it appear before the Planning Board at their next meeting. Because of that, PB-16-00S was not reviewed by the Board. IV. Public Hearings 1. PB-16-012 Applicant: City of South Miami An Ordinance amending the land Development Code, Article III, "Zoning Regulations," Section 20-3.6, "Supplemental Regulations," to amend and clarify the height limitations on corner lots in residential zoning districts. Ms. Kahn read the item into the record. Mr. Lightfoot presented the PB-16-012 to the Mr. Basu asked if trellises cannot exce, Held clarified the subject section of th previous item that was withdrawn by Vice ot stated yes. M r. is similar to the " ::': ~::; ":: .; !~~:;:g:~:~fn2~i~~i;;~~'~1~rC~:;;hat ... lot:d:r~ii;i~ii~~~~~t;ff~m~~~ and hedges . mum.;rt of (;X~[Jd~ '., at gates could be higher than four (4) feet.. ted that\~~!~/ ;'f~"~'~:~'~~~Rff~ssed in Section 20-3.6(H)(2)(c)(iii) through Secti . , ) the LDG1Jiiil 'en read th~;;Section into the record. \ft c heig~~!lf\·trellises. Mr. Lightfoot stated that trellises along . )i~~~t. Trellises that are not along the right of way . '., '. ,. ~d if they think that trellises should be excluded. '. are 60% open. Dr. Philips then read Section 20- heights of fences in neighborhoods around South Miami and gave .' the height of the fence in the front yard was four (4) feet. Mr . . 6(H)(2)(c) into the record. Mr. Held stated that the proposed on corner lots the same as fences along the block face. Mr. Greiner stated that I fences through the city are built with a four (4) foot height. He also stated that different materials were used. Last, Mr. Greiner mentioned that the best option would be for fences on corner lots to just be consistent with the height and material used for .other fences along the same block face. The Chairperson opened the floor to public comments on PB-16-012 . • Christopher Cooke-Yarborough -Support The Chairperson closed the floor to public comments on PB-16-012. 2 o u (j C) Dr. Philips stated that crime prevention is the purpose for the fence height requirements as the stand in the LDC. Motion: Mr. Basu moved to approve PB-16-012 as presented. The motion was seconded by Dr. Philips. Vote: Yes 2, No 5 (Greiner, Fischer, Kahn, Dr. Philips, Melow) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: No Ms. Fischer: No Ms. Kahn: No Dr. Philips: No Mr. Melow: No V. Public Comments/New Business The Chairperson opened the floor to public Public Comments Section No comments from the public. No comments m'ri'aiOlntco and any new business. VI. :?" .. ;. rlatoy",'"t he meeting minutes as amended. Mr. Greiner seconded Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes Mr. Melow: Yes ,VII. Future Meeting Date: A) June 14, 2016 at 7:00 P.M. 3 VIII. Adjournment Mr. Greiner adjourned the meeting at 10:36 P.M. o o u 4 SUNDAY JUNE 112016 MIAMIHERAlD.COM NEIGHBORS CITY OF SOUTH MIAMI COURTESY NOTICE I 33SE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, June 21,2016, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution rclating to an application for waiver of plat for the subdivision of property located at 6050 SW 81 Street. A Resolution approving special exceptions waiving strict compliance with the lot covcrage, parking, height, and setback provisions of the Hometown District Overlay Ordinance for a proposed addition located at 5875 Sunset Drive. A Resolution approving and authorizing thc City Manager to execute a thrce (3) year (October 1,2015 -September 30, 2018 ) agreement between the Miami-Dade County Police Benevolent Association Collective Bargaining Union ("Lieutenants & Captains") and the City of South Miami. A Resolution authorizing the City Manager to enter into a three-year agreement with AT & T to replace existing network connections at Parks and Recreation, Public Works and City Hall. An Ordinance amending Chapter 13A, Section 13A-22 of the City of South Miami Code of Ordinances, entitled "Balloon Regulations," providing for the regulation ofhalloon usage and balloon releases in the City limits. ( An Ordinance amending the Land Development Code, Article III, "Zoning Regulations," Section 20-3.6. "SUPPlemental) Reg.ulati~ns:" to amend and clarify the height limitations on fences. walls. hedges and similar features ill residential zomng dIstricts. An Ordinance amending Section 20-5.4, "Complete applications required," Section 20-5.5, "Applications requiring public hearings," and Section 20-5.6, "Applications in general," of the South Miami Land Development Code to establish requirements for a transportation impact analysis, and other changes including correction of names, clarifying notice requirements, and establishing authority to defer an item. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez. CMC City Clerk PlU'suant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision madc by this Board, Agcncy or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose. affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. '/ i MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami·Dade County, Flolida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before Ihe undersigned authority personally appeared OCTELMA V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/kJa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, pubJished at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CtTY OF SOUTH MtAMI -JUNE 21, 2016 in the XXXX Court, was published in said newspaper in the issues of 06/10/2016 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and .has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Flonda, for a period of one year next preceding the first pUblication of the attaChed copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for P"bli"Ii"~~ Sworn to and subscribed before me this ~D;;'b& (SEAL) OCTELMA V. FERBEYRE personally known to me RHONDA M PELTiER !;IY COMMISSION t; FF231407 EXPIRI:S May 17 2019 rlolldll~\1:;)', s~~ .. iCC . .:.c-IT CITY OF SOUTH MIAMI NOTICE Of PUBLIC HEARING. NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, June 21, 2016, beginning at 7:00 p,m" in . the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): ' A Resolution relating to an application for waiver of plat for ihe subdivision of property located at 6050 SW 81 Street. . A Resolution approving special exceptions waiving strict compliance' with the lot c,ove(age, parking, height, and setback provisions of the Hometown District Overlay Ordinance for a proposed addition located at 5875 Sunset Drive: A Resolution approving and authorizing the City Manager to execute a three (3) year (October " 2015 -September 30, 2018) agreement between the Miami-Dade County Police Benevolent Association Collective Bargaining Union ("Lieutenants & Captains") and the City of South Miami. A Resolution authorizing the City Manager to enter into a three-year agreement with AT & T to replace existing network connection~ at Parks and Recreation, Public Works and City Hall, An Ordinance amending Chapter 13A, Section 13A-22 of the City of South Miami Code of Ordinances, entitled "Balloon Regulations," providing for the regulation of balloon. usage and balloon releases in the City limits, , ( An Ordinance amending the Land Development Code, Article' III,) "Zoning Regulations," Section 20-3,6, "Supplemental Regulations," to amend and clarify the height limitations on fences, walls, hedges and sinnilar features, in residential zoning districts, . An Ordinance amending Section 20-5:4, "Complete applications required, " Section 20-5,5, "Applications requiring public hearings," and Section 20-5,6, "Applications in general," of the South Miami Land Development Coeje to establish reqUirements for a transportation impact analysis, and other changes including correction of names, clarifying. noticeOrequirements, and establishing authority to defer an item, ALL interested' parties are invited to attend and will be heard, For further information, please contact the City Clerk's Office at: 305-663-6340, Maria M, Menendez, CMC City Clerk Pursuant to Florida Statutes 286,0105, the City hereby advises the public that if a person decides to appeal any decision made. by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based, 6/10 16-96/0000122622M \